Mooney v. Webster (in re Mooney)

Case Type:
Case Status:
No. 15-11229 (11th Circuit, Jan 28,2017) Published
Debtor's health savings account (HSA) was not exempt property pursuant to Section 522 and Georgia's state exemptions which exempt “disability, illness, or unemployment benefit,” and any “payment under a pension, annuity, or similar plan or contract on account of illness [or] disability. . . .”
Procedural context:
Debtor claimed HSA as exempt property. The Chapter 7 trustee objected and the bankruptcy court agreed with the trustee. On appeal, the district court affirmed. The 11th Circuit certified the question of whether the HSA was exempt under Georgia statute to the Supreme Court of Georgia, which concluded they were not.
Individual debtor filed a Chapter 7 petition in 2013, and claimed the assets in her HSA as property exempt from the bankruptcy estate.
Hull, Pryor and Conway (D.J.)

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